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Arbitration Nursing Homes

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Segal McCambridge

Illinois Nursing Homes Beware of Termination at Death Clauses in Your Resident Contracts

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The Illinois Supreme Court recently held that a nursing home could not use a resident contract to compel an arbitration after a resident’s death. Clanton v. Oakbrook Healthcare Centre, Ltd., et al., 2023 IL 129067. The...more

Miles Mediation & Arbitration

The Arbitration Dilemma Facing Both Parties in Nursing Home Cases

Often when a parent or other family member gets to a point where they cannot safely live at home and take care of themselves due to their age or to health problems, the family must decide if that person needs to go into a...more

Arnall Golden Gregory LLP

Georgia Supreme Court Sides With Nursing Home on Arbitration Issue Briefed by AGG Attorneys

Since 1925, Congress and the United States Supreme Court have recognized arbitration as a favored means of dispute resolution, offering a faster, more private, and less expensive alternative to the court systems....more

Fisher Phillips

Web Exclusive - Still in Limbo - An Update On The Arbitration Ban For Nursing Home Residents

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Pre-dispute arbitration agreements are commonly found in customer contracts and employment contracts, including in many nursing home agreements. For those unfamiliar, arbitration is an alternative dispute resolution method to...more

Steptoe & Johnson PLLC

CMS Removes Ban on Nursing Homes Arbitration Agreements

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On July 16, 2019, the Centers for Medicare & Medicaid Services (CMS) announced a final rule that lifted the ban on the use of pre-dispute, binding arbitration agreements by long term care facilities. Under the Obama...more

Robinson+Cole Health Law Diagnosis

CMS Issues Final Rule Restricting Arbitration Agreements with Long Term Care Facilities

On July 18, 2019, the Centers for Medicare & Medicaid Services (CMS) published a Final Rule establishing requirements for arbitration agreements between long-term care (LTC) facilities and their residents. The Final Rule...more

Arnall Golden Gregory LLP

CMS Finalizes Rules on Nursing Home Arbitration Agreements

The uncertainty surrounding the use of arbitration agreements in nursing homes has finally ended—at least for now. On July 16, 2019, CMS released its long-awaited final rule, which updates the requirements nursing homes must...more

White and Williams LLP

CMS Issues Final Rule Repealing Prohibition on Nursing Home Arbitration Agreements

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On July 16, 2019, the Centers for Medicare & Medicaid Services (CMS) issued a final rule, “Medicare and Medicaid Programs; Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements” (84 FR 34718) (2019...more

Tucker Arensberg, P.C.

CMS Rules To Allows Nursing Homes To Use Arbitration Agreements, But Adds Certain Requirements

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After several years of debate and turmoil, late yesterday afternoon CMS issued a new Final Rule on the use of arbitration agreements by nursing homes.  History - In 2016, CMS issued a Final Rule applicable to all...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Deals a Rare Win to Nursing Homes

On January 4, 2019, a three-judge panel of the Pennsylvania Superior Court issued a non-precedential opinion finding that a Fayette County trial court erred when denying a nursing home’s attempt to compel arbitration. ...more

Burr & Forman

Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

Burr & Forman on

On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more

Steptoe & Johnson PLLC

An “Alternate” Power of Attorney May Still Bind Principal to Arbitration

A recent decision by the Supreme Court of Appeals of West Virginia confirms the binding nature of arbitration agreements for nursing home admissions, even when an “alternate” power of attorney signs the agreement, as long as...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Rules that Wife Cannot Bind Husband to Nursing Home Arbitration Agreement

The never-ending saga over nursing home arbitration agreements continues. On May 30, 2018, a panel of the Pennsylvania Superior Court ruled in Gross v. Genesis Healthcare, Inc., et al., No. 2022 EDA 2017 that a wife was not...more

Holland & Knight LLP

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

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A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

Haight Brown & Bonesteel LLP

Who Has the Authority to Sign Arbitration Agreements on Behalf of a Resident at a Residential Care Facility for the Elderly?

Robin Hutcheson v. Eskaton FountainWood Lodge, et al., 2017 WL 5712590 holds that a resident at a residential care facility for the elderly which provides care beyond that of personal care cannot be bound by an arbitration...more

Carlton Fields

Tenth Circuit Declines To Disturb Arbitral Award Granting Fees And Costs In Wrongful Death Suit Against Nursing Home

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The Tenth Circuit recently upheld a district court’s confirmation of an arbitral award ordering a nursing home (“THI”) to pay fees and costs associated with the arbitration of a wrongful death claim. A personal representative...more

Faegre Drinker Biddle & Reath LLP

Patient Dies During Arbitration Agreement Rescission Period

What happens when a nursing home patient signs an arbitration agreement with a 30-day rescission, or cooling-off, period and then dies before the end of that period? Is the agreement enforceable because it wasn’t rescinded? ...more

King & Spalding

CMS Issues Proposed Rule Removing Ban On Arbitration Agreements In Nursing Home Disputes

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CMS issued a final rule on October 4, 2016, prohibiting pre-dispute arbitration agreements between long-term care facilities and residents. As reported here, on November 7, 2016, a Federal judge issued a preliminary...more

King & Spalding

CMS Requests Dismissal of Its Nursing Home Arbitration Appeal

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On June 2, 2017, CMS filed a motion to dismiss its appeal to the U.S. Circuit Court for the Fifth Circuit of a U.S. District Court decision blocking the agency’s ban on mandatory nursing home arbitration. CMS’s motion did...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Reaffirms State Courts Must Enforce Arbitration Provisions

Despite parties mutually agreeing when a deal is made that they will arbitrate any disputes arising between them, often one party seeks to avoid arbitration when a dispute does arise. But on May 15, 2017, the United States...more

BakerHostetler

Specificity Sometimes Key; Sometimes Not

BakerHostetler on

Time spent drafting and negotiating an agreement often pays dividends in assuring that each party gets the benefits they desire through the agreement and incurs obligations no greater than they intended. Two recent cases,...more

K&L Gates LLP

Kindred Nursing Centers L.P. v. Clark: The Supreme Court Reemphasizes That Arbitration Agreements Must Be Placed on Equal Footing...

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On May 15, 2017, the Supreme Court of the United States reaffirmed that the Federal Arbitration Act (the “FAA”) preempts state laws placing agreements to arbitrate on weaker footing than other types of contracts. In Kindred...more

Carlton Fields

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

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Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more

Littler

Supreme Court Emphatically Defends Arbitration Agreements from State Interference

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On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts. In Kindred Nursing Centers...more

Pillsbury Winthrop Shaw Pittman LLP

No Pre-Emption Exemption - The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law...

The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law restrictions on arbitration agreements....more

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